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Ex-Greater Lowell Tech teacher settles suit for $12G

By Sarah Favot, sfavot@lowellsun.com

Updated:
01/17/2013 06:36:07 AM EST

TYNGSBORO -- The Greater Lowell Technical High School Committee agreed to pay $12,000 to a former teacher after the state Department of Labor Relations found probable cause the school district violated state laws that protect discrimination against union employees.

The settlement was reached in November on the complaint filed by former technology instructor Roger Bellerose in November 2009.

Bellerose claimed the school district discriminated against him by not renewing his contract after he supported a grievance filed by the technology instructors and after he became part of the executive board of the union, The Sun has learned.

According to a May 2009 letter provided by Bellerose from former Superintendent-Director James Cassin, Bellerose's contract was not renewed because he had "not demonstrated a rate of growth in your acquisition of skills and abilities, and you have demonstrated difficulty accepting instruction and direction from supervisors."

Officials at Greater Lowell have the option not to rehire any teacher who has worked at the school for fewer than three years. After three years, teachers are protected by the school's union and school officials must show cause for teacher dismissals.

Superintendent-Director Mary Jo Santoro said the School Committee agreed to the settlement based on a "business decision based on the district's decision to preserve funding.

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Santoro said the school district spent more than $30,000 on legal fees over a three-year period to litigate two grievances field by Bellerose.

Bellerose said he took the settlement because the only additional benefit if he won in court would be that he would get his job back. He was hired at another technical school shortly after he was let go at Greater Lowell.

Because the vote on the settlement was taken in executive session, Santoro said she could not say how many committee members voted in favor of the settlement.

Santoro also said she couldn't provide further details about the case because Bellerose declined to sign a release form that would allow Santoro to speak publicly about a former teacher's personnel file.

The union sees the settlement as a "victory for fairness," according to a statement from the Greater Lowell Teachers Organization President Cheryl Bomal.

"Although the teachers union continues to have disagreements with the administration, we continue to act professionally. We will continue to play by the rules and follow state laws as we always have....we deeply regret that this action was required and look forward to working with the School Committee in a manner that respects the law and ensures the continued long-term success of our students at Greater Lowell."

Santoro noted the School Committee does not see the settlement as a loss.

Bellerose was hired in 2007, although he wasn't licensed. He received his initial license in April 2008.

He was hired on a recommendation from Robert Hobbs, technology-cluster chair, who became Bellerose's supervisor, according to transcripts of opening statements at a probable-cause hearing at the state Department of Labor Relations on May 1 provided to The Sun.

At a meeting between Bellerose and Hobbs in April 2008, the same school year Bellerose was hired, the union's attorney alleged Hobbs advised Bellerose he should get information to him regarding any issues within the technology department, rather than going to union leadership or other teachers.

"(Bellerose) was doing a good job, but there was that concern about who he was talking to, who he was having relationships with and it happened that some of those people were the union higher ups and there was a real concern there on Mr. Hobbs' part," the union's attorney, John Becker, said according to the transcripts.

A year later, a grievance was filed by all technology-related teachers after new curricula was introduced.

Bellerose alleged an "infuriated" Hobbs stormed into his classroom, interrupting the class to ask about the grievance.

"It was clear that Mr. Hobbs identified Mr. Bellerose with this grievance and identified him with the union and with the union activity that was going on that was challenging the curriculum program that he had put in place," Becker said.

The school's attorney Michael Long said in opening statements Hobbs acted appropriately after a Level 1 grievance was filed to ask the parties involved "what's this about?" and accused Bellerose of getting agitated.

Long argued Bellerose was attempting to move up the ladder into an administrative position by seeking out partnerships with private companies and the school district.

"This is somebody who did not understand and still does not understand the primary function as a teacher in that school district to teach kids. Slow down, you can move up the administrative ladder as things go on, but for now, figure out how to teach kids....that's why Mr. Bellerose was not renewed and the record will amply demonstrate it," said Long.

In an interview Bellerose said he only ever received "in progress" or "satisfactory" marks on his reviews.

He said Hobbs had direct knowledge of the work he was doing with private companies to create partnerships and was encouraged to do so. He also said other administrators were aware of his efforts.

A notice from DLR that the School Committee will not discriminate against union employees will be posted for 30 days after the committee chairman signs it Thursday, Santoro said.

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